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Manny Lark

Do you get unemployment if you resign from your job in NY?

I'm thinking about quitting my job because my manager has been making my life miserable for months now. The work environment is toxic and I'm getting stress headaches every day. But I'm worried about money - do you get unemployment if you resign? I've been working there for 2 years and paying into the system. Does NYS Department of Labor allow benefits if you quit or do you have to be fired? I can't afford to be without income but I also can't take this job much longer.

Rita Jacobs

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Generally speaking, if you voluntarily quit your job, you won't qualify for unemployment benefits in New York. NYS Department of Labor requires you to be unemployed through no fault of your own. However, there are some exceptions for what they call 'good cause' resignations - things like unsafe working conditions, harassment, or significant changes to your job terms. You'd need to document everything thoroughly if you plan to claim good cause.

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Manny Lark

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What kind of documentation would I need? I have some emails from my manager but nothing that explicitly shows harassment.

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Khalid Howes

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I quit my last job due to a hostile work environment and initially got denied for UI benefits. Had to file an appeal with NYS Department of Labor and provide evidence of the toxic situation. It took about 6 weeks but they eventually approved my claim. You need to show that any reasonable person would have quit under those circumstances. Keep records of everything - emails, witness statements, doctor visits for stress, anything that shows the impact.

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Ben Cooper

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How did the appeal process work? I'm in a similar situation and considering my options.

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Khalid Howes

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You file the appeal online through your my.ny.gov account within 30 days of the denial. They scheduled a phone hearing where I presented my case. Make sure you have all your documentation organized beforehand.

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Naila Gordon

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honestly the unemployment system is set up to screw workers over. even if you have legitimate reasons for quitting they make you jump through hoops and prove your case while employers can fire people for basically any reason and those people get benefits immediately. its totally backwards

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Cynthia Love

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I mean, there has to be some verification process though right? Otherwise everyone would just quit their jobs and collect unemployment.

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Darren Brooks

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I was in a really similar spot last year with a nightmare boss. Tried calling NYS Department of Labor multiple times to ask about my options but could never get through to an actual person. The automated system just kept referring me to the website which wasn't helpful for my specific situation. Finally used this service called Claimyr that got me connected to an actual NYS Department of Labor agent who explained all my options. Check out claimyr.com - they have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Was so much easier than trying to navigate the phone system myself.

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Rosie Harper

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Never heard of that before. Did they charge you a lot to make the call?

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Darren Brooks

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It was totally worth it for me since I was stuck for weeks not knowing what to do. Much cheaper than losing weeks of potential benefits by making the wrong decision.

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Rosie Harper

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same boat here! my supervisor has been targeting me ever since I took FMLA leave last year. creating impossible deadlines, excluding me from meetings, the works. documenting everything but scared to quit without knowing if ill qualify for benefits

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Rita Jacobs

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If you're being retaliated against for taking FMLA, that could definitely qualify as good cause for resignation. Make sure you're documenting the timeline and how the treatment changed after your leave.

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Before you make any decision, I'd strongly recommend consulting with an employment attorney who offers free consultations. Many workplace situations that feel like "just" toxic management actually cross the line into illegal harassment or discrimination. An attorney can help you understand if you have grounds for a constructive dismissal claim, which is when working conditions are so bad that quitting is essentially being forced out. This could potentially strengthen your unemployment case significantly. Also, if there are other legal violations happening (wage theft, safety issues, discrimination), you might have additional options beyond just unemployment benefits. Document everything with dates and times, and consider whether any coworkers witnessed the behavior. The consultation is usually worth it even if you decide not to pursue legal action.

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This is really solid advice. I didn't even know "constructive dismissal" was a thing until I went through something similar. The free consultation I had with an employment lawyer ended up saving me a lot of headache - they explained that my situation had elements of both workplace harassment and potential ADA violations that I hadn't recognized. Even though I ultimately decided not to pursue legal action, having that knowledge helped me frame my unemployment application much better. The lawyer also gave me specific language to use when describing my situation to NYS DOL that made it clear this wasn't just me being unhappy with my job.

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CyberNinja

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I went through something very similar about 6 months ago. My advice would be to start documenting everything NOW if you haven't already - keep a detailed log of incidents with dates, times, witnesses, and any physical symptoms you're experiencing. Screenshot or print emails, and if possible, follow up verbal conversations with emails that summarize what was discussed. The stress headaches you mentioned are actually important - if you see a doctor about them and they can connect it to workplace stress, that medical documentation can be valuable evidence. NYS DOL looks for patterns of behavior that would make any reasonable person quit, so the more concrete evidence you have, the stronger your case will be. Also consider if there are any coworkers who witnessed the toxic behavior - their statements could support your claim. Don't wait until after you quit to start building your documentation, do it while you're still there and the incidents are fresh.

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Alana Willis

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This is excellent advice about documenting everything! I'm in a similar toxic situation and hadn't thought about getting medical documentation for the stress symptoms. One thing I'd add - when you're keeping that incident log, try to note any company policies that are being violated too. Like if your manager is creating a hostile work environment that goes against the employee handbook or code of conduct. That can help show it's not just personality conflicts but actual policy violations. Also, if your workplace has an HR department, consider whether filing internal complaints (even if they don't help) creates a paper trail that shows you tried to resolve things internally before quitting. Sometimes that demonstrates you weren't just looking for a reason to leave.

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Alfredo Lugo

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I'd also suggest looking into whether your workplace has an Employee Assistance Program (EAP) - many companies offer free counseling services that can help you cope with workplace stress while you're deciding what to do. More importantly, using these services creates additional documentation that your work environment is affecting your mental health. If you do end up quitting and filing for unemployment, having records that show you sought help for work-related stress can support your "good cause" claim. EAP counselors are also familiar with workplace issues and might be able to give you guidance on whether your situation rises to the level that would qualify for benefits. Just remember that if your company provides the EAP, there might be some reporting requirements, so ask about confidentiality upfront.

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JacksonHarris

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That's a great point about EAPs! I used my company's EAP when I was dealing with a similar situation and it was really helpful. The counselor actually educated me about what constitutes a hostile work environment from a legal standpoint, which helped me understand that what I was experiencing wasn't normal workplace stress. They also helped me develop coping strategies while I was still working there and deciding what to do. Just be aware that while the counseling sessions themselves are confidential, the fact that you used the service might be recorded in some HR systems. But honestly, that documentation of seeking help for work-related stress actually ended up supporting my case when I eventually did file for unemployment. The counselor also gave me some good advice about how to communicate with my manager in writing to protect myself, which created even more documentation of the problematic behavior.

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Anita George

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I'm really sorry you're going through this situation - toxic work environments can be incredibly damaging to both your mental and physical health. Based on what others have shared here, it sounds like you might have a case for "good cause" resignation if you can properly document the hostile work environment. The stress headaches you're experiencing are actually significant - if you haven't already, I'd recommend seeing a doctor and being honest about how work stress is affecting your health. That medical documentation could be crucial for your unemployment claim. Also, start keeping a detailed written log of every incident with your manager, including dates, times, what was said or done, and any witnesses present. Even if the behavior seems "minor" day to day, patterns of harassment or creating impossible working conditions can add up to constructive dismissal. Don't forget to save any emails or text messages that demonstrate the problematic behavior. The key thing NYS DOL will look for is whether a reasonable person in your position would have felt compelled to quit - so the more evidence you have showing this isn't just normal workplace stress, the better your chances. Hang in there!

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Liam Sullivan

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This is such compassionate and thorough advice! I wanted to add that if you do end up seeing a doctor about the stress headaches, make sure to be very specific about how work is affecting you physically. Don't just say you have headaches - explain the timeline of when they started in relation to workplace issues, how often they occur, and what specific work situations trigger them. Doctors can document this as work-related stress symptoms, which carries more weight with NYS DOL than just general health complaints. Also, if your doctor recommends time off or workplace accommodations that your employer refuses, that can further support your case that the work environment was unreasonable. I know it feels overwhelming when you're already stressed, but building this paper trail while you're still employed is so much easier than trying to reconstruct everything after you've already quit. You've got this!

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I went through a very similar situation about 8 months ago and want to share what I learned. First, definitely start documenting everything immediately - I wish I had started sooner. Keep a journal with dates, times, specific incidents, and how they made you feel physically/emotionally. Screenshot any problematic emails or texts. The stress headaches you mentioned are actually really important evidence - I had similar symptoms and my doctor was able to document them as work-related stress, which helped my unemployment case significantly. One thing that really helped me was reaching out to the NYS Department of Labor's worker hotline before I quit to understand my options. They explained that "constructive dismissal" situations (where conditions are so bad you're essentially forced to quit) can qualify for benefits if you can show good cause. The key is proving that any reasonable person would have quit under those circumstances. I ended up qualifying for benefits after initially being denied - the appeal process took about 2 months but was worth it. Make sure you apply immediately after quitting even if you think you might be denied, because there are strict deadlines. Also consider consulting with an employment attorney for a free consultation - they might identify legal issues you haven't considered that could strengthen your case. Your mental and physical health are worth more than any job. Document everything, know your rights, and don't let them push you out without a fight for the benefits you've earned.

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Thank you so much for sharing your experience - it's really encouraging to hear from someone who successfully navigated this situation! I'm definitely going to call that NYS Department of Labor worker hotline you mentioned. I hadn't heard about that resource before and it sounds like getting guidance directly from them before making any decisions could be really valuable. The timeline you mentioned (2 months for the appeal) is helpful to know so I can plan financially. Can I ask what specific documentation ended up being most important in your appeal? I'm trying to prioritize what to focus on collecting since this is all pretty overwhelming while I'm still dealing with the daily stress at work.

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Omar Zaki

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The most crucial documentation for my appeal was the medical records from my doctor linking my physical symptoms to workplace stress, and a detailed incident log I kept for about 6 weeks before quitting. I documented every unreasonable demand, verbal abuse, and policy violation with dates and times. Email evidence was huge too - especially ones where my manager was being unreasonably hostile or creating impossible deadlines. The unemployment judge also found it compelling that I had tried to address issues through HR first (even though they didn't help, it showed I wasn't just looking for an excuse to leave). Start with the medical documentation and incident log - those were the foundation of my case. The NYS DOL hotline number is 1-888-469-7365, though expect long wait times. Good luck!

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I'm really sorry you're dealing with this situation - toxic managers can make work unbearable and it's affecting your health, which is serious. From what others have shared here, you might have options for unemployment benefits if you can establish "good cause" for quitting. The fact that you're getting daily stress headaches is actually significant medical evidence that could support your case. Here's what I'd recommend: Start documenting EVERYTHING immediately - keep a detailed log of incidents with dates, times, and witnesses. Save any emails or messages that show problematic behavior. See a doctor about those stress headaches and be specific that they're work-related - having medical documentation linking your physical symptoms to workplace stress can be crucial evidence. Consider calling the NYS Department of Labor before you quit to discuss your specific situation. They can give you guidance on whether your circumstances might qualify as constructive dismissal. You might also want to explore if your company has an Employee Assistance Program - using those services creates additional documentation that your work environment is affecting your mental health. Remember, you've been paying into the unemployment system for 2 years, so you deserve access to those benefits if you're being forced out by unreasonable conditions. Your health and wellbeing matter more than any job. Document everything, know your rights, and don't let them push you out without exploring all your options first.

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Arjun Patel

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This is such comprehensive advice! I'm actually in a similar situation right now and this thread has been incredibly helpful. One thing I wanted to add based on my research - if you do end up filing for unemployment after quitting, make sure to use very specific language when describing your situation. Instead of saying "my boss was mean" or "the job was stressful," use terms like "hostile work environment," "unreasonable working conditions," or "pattern of harassment." The way you frame your resignation reason can make a big difference in how NYS DOL evaluates your claim. Also, if you have any coworkers who witnessed the problematic behavior, see if they'd be willing to provide written statements - third-party witnesses can really strengthen your case. The documentation everyone is talking about is so important, but don't forget about witness testimony too. Hang in there - no job is worth destroying your health over!

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TechNinja

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I'm so sorry you're going through this - dealing with a toxic manager while worrying about finances is incredibly stressful. Based on what others have shared, it sounds like you might have a case for "good cause" resignation, but you'll need solid documentation. The daily stress headaches are actually significant - definitely see a doctor and be explicit that they're work-related. Start keeping a detailed incident log immediately with dates, times, and specific examples of the toxic behavior. Save any problematic emails or messages. Also consider filing complaints with HR first (even if they don't help) as it shows you tried internal channels before quitting. Many people here have successfully gotten benefits after initially being denied, so don't give up if you get rejected at first. The appeal process exists for situations exactly like yours. Your health is more important than any job, but make sure you're strategic about building your case before you make any moves. You've been paying into this system for 2 years - you deserve those benefits if you're being constructively dismissed.

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Carlos Mendoza

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This is really helpful advice! I'm also dealing with a similar situation and hadn't thought about filing HR complaints first just to create a paper trail. That's actually brilliant - even if HR doesn't help (which they probably won't), it shows you tried to resolve things internally before quitting. I've been hesitant to document things because I was worried my manager might find out, but reading everyone's experiences here makes me realize how crucial that documentation is. The medical angle is something I definitely need to pursue too - I've been having trouble sleeping and getting anxiety attacks before work, but I didn't think about getting that officially documented. Thanks for sharing your experience and encouraging people not to give up after an initial denial. It's reassuring to know the appeal process actually works for situations like this.

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I've been following this thread and there's such great advice here. One thing I haven't seen mentioned yet is that you might want to check if your employer has any written policies about workplace conduct or harassment in your employee handbook. If your manager's behavior violates company policies, that can actually strengthen your "good cause" case significantly. NYS DOL looks more favorably on resignations when employers aren't following their own stated policies. Also, if you decide to quit, make sure your resignation letter specifically mentions the toxic work environment and references the documented incidents - don't just say "I'm resigning for personal reasons" or they might use that against you. Keep it factual but make it clear you're leaving because of unacceptable working conditions. And remember, even if you get initially denied, the appeal process gives you a real chance to present your case to a judge who will actually listen to your evidence. Document everything now while it's happening, see a doctor about those stress symptoms, and don't let them push you out without fighting for the benefits you've earned through 2 years of contributions.

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